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Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Documents & Data which were provided to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />7. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall also require any subcontractors, to obtain and maintain insurance as described below for <br />the entire Term of this Agreement against claims for injuries to persons or damage to property <br />which may arise from or in connection with services, products and materials supplied to City. Total <br />cost of such insurance shall be borne by Consultant. <br />MINIMUM SCOPE AND LIMIT OF INSURANCE <br />• Commercial General Liability (CGL): Insurance Services Office Form CG 00 <br />01covering CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less than <br />$1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met <br />with primary and umbrella/excess insurance policies. <br />• Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any <br />auto), with limits no less than $1,000,000 combined single limits. <br />• Workers' Compensation: as required by the State of California, with Statutory Limits, <br />and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, <br />policy or employee, for bodily injury or disease. <br />• Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or <br />claim, and $2,000,000 aggregate. <br />If Consultant maintains broader coverage and/or higher limits than the minimum <br />requirements for each line of coverage shown above, City requires and shall be entitled to the <br />broader coverage and/or the higher limits maintained by Consultant. Any available insurance <br />proceeds in excess of the specified minimum limits of insurance and coverage shall be available <br />to City. <br />Other Insurance Provisions: The above required insurance policies are to contain or be <br />endorsed to contain the following provisions: <br />• City, its City Council, its officers, officials, employees, agents, and volunteers are to be <br />covered as additional insureds, under Consultant's CGL, Professional Liability, and <br />Automobile Liability policies, with respect to any liability arising out of work or operations <br />performed by or on behalf of the Instructor including materials, parts, equipment, and <br />personnel furnished in connection with such work or operations. <br />• Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, <br />its City Council, its officers, officials, employees, agents, and volunteers for losses paid <br />under the terms of any policy which arise from work performed by Consultant under this <br />Agreement. <br />Page 3 of 9 <br />